HARD METAL ADVANTAGE L L C v. KENNAMETAL INC.
| HARD METAL ADVANTAGE LLC |
| KENNAMETAL INC. |
| 2:2022cv00546 |
| April 12, 2022 |
| US District Court for the Western District of Pennsylvania |
| Pittsburgh Office |
| Christy Criswell Wiegand |
| Patent |
| 35 U.S.C. § 271 Patent Infringement |
| Both |
Docket Report
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Filing 37
ORDER SETTING INITIAL SCHEDULING CONFERENCE: Initial Case Management Conference set for 7/1/2022 at 9:00 AM via Telephonic Conference before Judge Christy Criswell Wiegand. Rule 26 Meeting to be conducted on or before 6/17/2022. Rule 26 Meeting Report and ADR Stipulation due by 6/24/2022. Confidential Position Letters due by 6/28/2022. Signed by Judge Christy Criswell Wiegand on 6/7/2022. (jmm)
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| Filing 36 ANSWER to #35 Answer to Complaint, Counterclaim by HARD METAL ADVANTAGE LLC. (Oberdick, David) |
| Filing 35 ANSWER to #1 Complaint, COUNTERCLAIM against HARD METAL ADVANTAGE LLC by KENNAMETAL INC.. (Channel, Christopher) |
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Filing 34
ORDER GRANTING #33 Consent Motion for Extension of Time to File Answer re #1 Complaint by KENNAMETAL INC. IT IS HEREBY ORDERED that Defendant KENNAMETAL INC. shall file its answer to #1 Complaint on or before 5/16/2022. Signed by Judge Christy Criswell Wiegand on 4/22/2022. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jmm)
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| Filing 33 Consent MOTION for Extension of Time to File Answer re #1 Complaint, by KENNAMETAL INC.. (Attachments: #1 Proposed Order) (Channel, Christopher) |
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Filing 32
ORDER. In light of the fact that the Western District of Louisiana (1) ordered the transfer of Count I to this District when ruling on Defendant's Rule 12(b)(3) Motion, see ECF Nos. #12 , #20 , #23 , and (2) subsequently raised the issue of the transfer of all remaining claims and ordered the transfer of such claims as well, ECF Nos. #23 , #27 , #28 , the Defendant is HEREBY ORDERED to file an answer to Plaintiff's Complaint, ECF No. #1 , on or before 4/25/2022. Signed by Judge Christy Criswell Wiegand on 4/14/2022. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (cmh) Modified on 4/14/2022 (lar).
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| Filing 31 AT&T SCHEDULING NOTICE FOR ALL TELEPHONIC CONFERENCES. Every Telephonic Conference conducted will be via an AT&T call-in number which requires participants to dial-in and provide an access code. When a Telephonic Conference is scheduled you will be instructed to refer back to this Notice. This document has a security setting of "Case Participants Only," so only those individuals will have access to view the document. (cmh) |
| Filing 30 NOTICE that instant civil action has been designated for placement into the United States District Court's Alternative Dispute Resolution program. Parties are directed to fully complete the required 26(f) report, which includes the stipulation of selecting an ADR process. Counsel for plaintiff shall make service of the notice on all parties. (cmh) |
| Filing 29 Case transferred in from District of Louisiana Western; Case Number 6:20-cv-01702. Original file certified copy of transfer order and docket sheet received. |
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Filing 28
JUDGMENT adopting #27 Report and Recommendations. IT IS ORDERED, ADJUDGED, AND DECREED that all remaining claims by Plaintiff are transferred to the United States District Court for the Western District of Pennsylvania pursuant to 28 U.S.C. 1404(a). Signed by Judge Terry A Doughty on 4/6/2022. (crt,Alexander, E)
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| Filing 27 REPORT AND RECOMMENDATIONS This Court reviewed the briefs filed by the parties, as well as applicable law and jurisprudence and, for the reasons expressed herein, recommends transfer of all remaining claims in this case to the United States District Court for the Western District of Pennsylvania pursuant to 28 U.S.C. 1404(a). Objections to R&R due by 4/5/2022. Signed by Magistrate Judge Patrick J Hanna on 3/22/2022. (crt,Craig-Fontenot, C) |
| Filing 26 MEMORANDUM in Opposition re #12 MOTION to Transfer filed by Hard Metal Advantage L L C. (Attachments: #1 Exhibit A - Declaration of Duane C. Dunnahoe)(aty,Anthony, Ted) Modified docket text on 2/11/2022 (Miletello, A). |
| Filing 25 MEMORANDUM in Support re #12 MOTION to Transfer filed by Kennametal Inc. (Attachments: #1 Declaration of Nicholas Pflugh)(aty,Mier, Gregory) Modified docket text on 2/11/2022 (Miletello, A). |
| Filing 24 ELECTRONIC MINUTE ENTRY issued by the Clerk. This matter is hereby reassigned. Case reassigned to Judge Terry A Doughty. Judge Michael J Juneau no longer assigned to case. All future filings should bear the name of the new judge assignment. Approved by Chief Judge S Maurice Hicks, Jr on 2/1/2022. (crt,Alexander, E) |
| Motions referred to Magistrate Judge: #12 MOTION to Dismiss Count I for Improper Venue, MOTION to Transfer. Motions referred to Magistrate Judge Patrick J Hanna. Set/Reset Deadlines as to #12 MOTION to Dismiss Count I for Improper Venue, MOTION to Transfer.( Responses due by 2/11/2022) (crt,Taylor, L) |
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Filing 23
JUDGMENT adopting #20 Report and Recommendations of the Magistrate Judge. IT IS ORDERED, ADJUDGED AND DECREED that #12 MOTION to Dismiss Count I for Improper Venue, MOTION to Transfer Count 1 is GRANTED in part, such that Count I of Plaintiffs complaint will be transferred to the U.S. District Court for the Western District of Pennsylvania. The motion is DENIED in part, regarding Kennametals request for dismissal of Count I. It is further ORDERED that the parties will file simultaneous briefs on the issue of transfer of Plaintiffs remaining claims to the Western District of Pennsylvania, specifically addressing the Volkswagen factors in light of the Courts intended transfer of Count I. Such briefs should be filed no later than February 11, 2022. The Court notes that transfer of Plaintiffs patent infringement claim under Count I of its complaint will be stayed until such time as a ruling is issued as to Plaintiffs remaining claims in this suit. Signed by Judge Michael J Juneau on 1/12/2022. (crt,Miletello, A)
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| Set/Reset Deadlines as to #20 REPORT AND RECOMMENDATIONS re #12 MOTION to Dismiss Count I for Improper Venue filed by Kennametal Inc. Motion Ripe Deadline set for 1/7/2022. (crt,Guidry, C) |
| Filing 22 RESPONSE TO OBJECTION to #20 Report and Recommendations by Kennametal Inc. (aty,Mier, Gregory) |
| Filing 21 OBJECTION to #20 Report and Recommendations by Hard Metal Advantage L L C. Response to Objection to R&R due by 1/7/2022 (aty,Anthony, Ted) |
| Filing 20 REPORT AND RECOMMENDATIONS re #12 MOTION to Dismiss Count I for Improper Venue filed by Kennametal Inc. Considering the evidence, the law, and the arguments of the parties, and for the reasons explained herein, the Court recommends that the motions before the Court be GRANTED in part and DENIED in part. Objections to R&R due by 12/27/2021. Signed by Magistrate Judge Patrick J Hanna on 12/10/2021. (crt,Alexander, E) |
| Filing 19 MINUTES for proceedings held before Magistrate Judge Patrick J Hanna: TELEPHONE STATUS CONFERENCE held on 11/12/2021. (crt,Craig-Fontenot, C) |
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Filing 18
ELECTRONIC ORDER: - IT IS ORDERED that a Magistrate Judge Status Conference is now set for Friday 11/12/2021 at 01:30 PM by phone before Magistrate Judge Patrick J Hanna. Counsel will join the teleconference by dialing 888-684-8852 and entering access code 5910394. Counsel will be prepared to discuss the pending motion to dismiss or to transfer (Rec. Doc. 12). Signed by Magistrate Judge Patrick J Hanna on 11/9/2021. (crt,Schutz, E)
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Filing 17
ELECTRONIC ORDER - IT IS ORDERED that the hearing with oral argument previously set for August 12, 2021 is CANCELLED. The Court will decide the pending motion on the briefs with notice to all parties via CM/ECF. Signed by Magistrate Judge Patrick J Hanna on 7/30/2021. (crt,Randall, E)
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| Filing 16 REPLY to Response to Motion re #12 MOTION to Dismiss Count I for Improper Venue filed by Kennametal Inc. (Attachments: #1 Exhibit)(aty,Mier, Gregory) |
| Filing 15 MEMORANDUM in Opposition re #12 MOTION to Dismiss Count I for Improper Venue filed by Hard Metal Advantage L L C. (Attachments: #1 Exhibit A - Declaration of Dunnahoe, #2 Exhibit B - Quote Kennametal to Stabil Drill, #3 Exhibit C - Ryan Mathers Profile)(aty,Anthony, Ted) |
| Filing 14 NOTICE of Motion Setting with oral argument regarding: #12 MOTION to Dismiss Count I for Improper Venue. Motions referred to Magistrate Judge Patrick J Hanna. Motion day set for 8/12/2021 at 9:30 AM in Lafayette, Courtroom 7 before Magistrate Judge Patrick J Hanna. (crt,Miletello, A) |
| Filing 13 CORPORATE DISCLOSURE STATEMENT by Kennametal Inc. (aty,Mier, Gregory) |
| Filing 12 MOTION to Dismiss Count I for Improper Venue by Kennametal Inc. Motions referred to Patrick J Hanna. (Attachments: #1 Memorandum / Brief, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3)(Attorney Gregory R Mier added to party Kennametal Inc(pty:dft))(aty,Mier, Gregory). Added MOTION to Transfer on 1/12/2022. (Miletello, A) |
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Filing 11
ORDER granting #10 Motion for Extension of Time to Answer re #1 Complaint, Kennametal Inc answer due 6/9/2021. Signed by Magistrate Judge Patrick J Hanna on 5/11/2021. (crt,Alexander, E)
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| Filing 10 Consent MOTION for Extension of Time to File Answer re #1 Complaint by Hard Metal Advantage L L C. Motions referred to Patrick J Hanna. Motion Ripe Deadline set for 5/10/2021. (Attachments: #1 Proposed order)(aty,Anthony, Ted) Modified on 5/11/2021 to modify docket text (Miletello, A). |
| Filing 9 SUMMONS Returned Executed by Hard Metal Advantage L L C. Kennametal Inc served on 4/19/2021, answer due 5/10/2021. (aty,Anthony, Ted) |
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Filing 8
ORDER granting #7 Motion for Extension of Time to Effect Service. Plaintiff shall have a 30-day extension of time to serve Defendant, Kennametal Inc, through and including May 8, 2021. Signed by Magistrate Judge Patrick J Hanna on 4/9/2021. (crt,Alexander, E)
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| Filing 7 MOTION for Extension of Time to Effect Service with consent by Hard Metal Advantage L L C. Motions referred to Patrick J Hanna. Motion Ripe Deadline set for 4/8/2021. (Attachments: #1 Proposed order)(aty,Anthony, Ted) |
| Filing 6 NOTICE of Intent to dismiss Kennametal Inc for Failure to effect service within 90 days. (crt,Guidry, C) |
| Filing 5 CORPORATE DISCLOSURE STATEMENT by Hard Metal Advantage L L C. (aty,Anthony, Ted) |
| Filing 4 AO 120 Report on the Filing or Determination of an Action Regarding a Patent or Trademark. (Attachments: #1 Complaint, #2 Civil cover sheet) (crt,Dauterive, C) |
| Filing 3 NOTICE of Corporate Disclosure Statement Requirement re: #1 Complaint sent to Ted M Anthony on behalf of Hard Metal Advantage L L C. Corporate Disclosure Statement due by 1/13/2021. (crt,Dauterive, C) |
| Filing 2 SUMMONS ISSUED as to Kennametal Inc. (crt,Dauterive, C) |
| Filing 1 COMPLAINT against Kennametal Inc with Jury Demand (Filing fee $402, receipt number ALAWDC-4518220) filed by Hard Metal Advantage L L C. (Attachments: #1 Exhibit A - US D649,987, #2 Exhibit B - US Reg. No. 5,404,184, #3 Exhibit C - Photo, #4 Civil cover sheet)(Attorney Ted M Anthony added to party Hard Metal Advantage, LLC(pty:pla))(aty,Anthony, Ted) Modified on 12/30/2020 (Dauterive, C). |
| CASE Assigned to Judge Michael J Juneau and Magistrate Judge Patrick J Hanna. (crt,Dauterive, C) |
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